State ex rel. Schwartzkopf v. City Council of Brainerd
Supreme Court of Minnesota
Hpon the relation of Hugo Schwartzkopf and R. M. Sheets the district court for Crow Wing county granted its alternative writ of mandamus, directing the members of the city council of Brainerd to fix a time and place for hearing charges preferred against the president of the water and light board, and requiring the council to secure other counsel to advise them in the premises, or to show cause why they had not done so.
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Hpon the relation of Hugo Schwartzkopf and R. M. Sheets the district court for Crow Wing county granted its alternative writ of mandamus, directing the members of the city council of Brainerd to fix a time and place for hearing charges preferred against the president of the water and light board, and requiring the council to secure other counsel to advise them in the premises, or to show cause why they had not done so. Respondents demurred to the writ on the ground that it appeared on its face that it did not constitute a cause of action, nor show any cause why the writ should be obeyed, and…
1Opinion of the CourtPhilip E. Brown, J.
Prior to any of the occurrences disclosed in this proceeding, Brainerd framed and adopted a charter for its government as a city, and still continues to be so governed. Among other things this charter provides:
“Sec. 12. Every person appointed to any office by the city council or mayor, or elected to any office by the people, may be removed from such office by a vote of two-thirds of all the aldermen authorized to be elected. But any officer elected by the people or appointed by the mayor shall not be removed except for cause, nor unless first furnished with a copy of the charges, nor until…
2Cases cited5 opinions
- State ex rel. Runge v. AndersonWisconsin Supreme Court · 1898
- State ex rel. Currie v. WeldSupreme Court of Minnesota · 1888
- People ex rel. Chilcoat v. HarrisonIllinois Supreme Court · 1912
- Lauritsen v. SewardSupreme Court of Minnesota · 1906
- State ex rel. McGill v. CookSupreme Court of Minnesota · 1912
3Cited by16 opinions
- Solís v. Municipio de CaguasSupreme Court of Puerto Rico · 1987
- State Ex Rel. Coduti v. HauserSupreme Court of Minnesota · 1945
- State ex rel. Early v. WunderlichSupreme Court of Minnesota · 1920
- Asociación de Maestros v. PérezSupreme Court of Puerto Rico · 1947
- State Ex Rel. Birkeland v. ChristiansonSupreme Court of Minnesota · 1930
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